HomeMy WebLinkAboutORD 2005-26 - ANX Sun City 29AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
PROVIDING • OF i BOUNDARY
OF OF • OAND THE ANNE)CATION OF CERTAIN
TERRITORY OF • MORE OR LESS, IN THE
FREDERICK • • • OF
ORDINANCE;, TERRITORY , AND ADJOINS
PRESENTTHE BOUNDARY OF O -TEXAS
AND BEING a PART OF ANY INCORPORATED AREA; PROVIDING it
SERVICE PLANS; REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN
DATE
WHEREAS, the City Council of the City of Georgetown, Texas, may underthe Charterof said
City, Section 1.06, annex areas as allowed by State law; and
WHEREAS, the owners of the area proposed for annexation submitted a petition in :writing
requesting annexation of the area; and
WHEREAS, the petition described the area by metes and bounds and was acknowledged in
the manner required for deeds by each person having an interest in the area; and
WHEREAS, State Statute allows for the annexation of sparsely occupied areas on a petition
of the landowner if specific criteria are met; and
WHEREAS, the area proposed for annexation is one-half mile or less in width, are contiguous
to the City limits of the City of Georgetown, and are vacant and without residents or have fewer than
three qualified voters in residence, thus meeting the specific criteria in the State Statute; and
WHEREAS, the Section 4.03.010 of the Unified Development Code creates procedures for
initial zoning of newly annexed territory, and
WHEREAS, the Georgetown City Council approved a resolution granting the petition on
February 9, 2005; and
WHEREAS,
the
Georgetown City Council
conducted public hearings on the proposed
annexation
on March
8,
2005, and
March 22, 2005;
and
WHEREAS, all of the herein -described property lies within the extraterritorial jurisdiction of the
City of Georgetown, Texas; and
WHEREAS, the herein -described property lies adjacent and contiguous to the City of
Georgetown ��, Texas, and
WHEREAS, all prerequisites of state law and the City Charter have been complied with;
Ordinance No."5"cz
Annexation or 26.365 Acres, Sun City Neighborhood 29
Page 1 of
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the following Policy Statements of the Century Plan - Policy Plan Element:
1. Policy Statement: Citizens of Georgetown experience a stable, self-sustaining
economy with expanding job opportunities.
2. Policy Statement: Georgetown's natural and physical resources are managed so
that citizens enjoy the benefits of economic and social development.
3. Policy Statement: Citizens, business owners and organizations enjoy the benefits
of well-planned land usage in which Conflicting needs are balanced,
and further finds that the enactment of this ordinance is not inconsistent or in conflict w'th any other
C6ntury Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
SECTION 2. The City Council of the City of Georgetown hereby annexes: 26.365 acres,
more or less, in the Frederick Foy Survey, as described in Exhibit A of this ordinance, as shown in B
of this ordinance. Exhibit C contains the service plan.
SECTION 3. The 26.365 acres, more or less, in the Frederick Foy Survey, as described in
Exhibit A of the is ordinance, is included in City Council District 4, as it is adjacent to Council District 4
and no other City Council Districts.
SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application
thereof, of this ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are hereby declared to be severable.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and
after publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 12`x` dayof April 2005,
PASSED AND APPROVED on Second Reading on the day of
Ordinance No. 0�
Annexation of 26.365 Acres, Sun City Neighborhood 29
Page 2 of 3
ATTEST:
City Secretary
APP VED AS TO FORM:
Patricia E. Carlw
City Attorney
Ordinance No. _ 045.1
24
Annexation of 26.365 Acres. Sun City neighborhood 29
Page 3 0f 3
THE CITY OF GEORGETOWN:
EXHIBIT A
METES AND BOUNDS DESCRIPTION PW'NED UNIT DEVELOPMENT OF SUN
CITY GEORGETOWN, NEIGHBORHOOD TWENTY-NINE 26.365 ACRES
FREDERICK FOY SURVEY, ABSTRACT 229 WIUJAMSON COUNTY, TEXAS
BEING A 26.365 ACRE RACT OF LAND IN THE FREDERICK FOY SURVEY, ABSTRACT 229
IN WILLiAMSON COUNTY, TEXAS. OUT OF A CALLED 300.678 ACRE TRACT, OUT OF A
CALLED 104.069 ACRE TRACT CONVEYED TO DEL WEBB TEXAS LIMITED RECORDED !N
DOCUMENT NO's. 9622045, 9605679, OF THE OFFICIAL RECORDS OF WI LIAMSON
COUNTY, TEXAS (O.R.W.C.T.), SAID 26.365 ACRE TRACT BEING MORE PARTICULARLY
LOCATED AND DESCRIBED AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO
THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD 83/93 HA.RN
DATUM WITH DISTANCES CONVERTED TO SURFACE BY A COMBINED SCALE FACTOR OF
1.000143965:
BEGINNING
AT A POINT
LOCATED ON THE SOUTHERLY SIDE OF "FiiTURE SUN CITY
BOULEVARD (120—FOOT R.O.W) AS ASSOCIATED WITH THE PLANNED UNIT DEVELOPMENT
OF SUN CITY NEIGHP.ORHOOD TWENTY "A7 PUBLIC REVIEW FINAL PLAT.
THENCE
S
56'59'54
W,
418.95 FEET TO A POINT FOR CORNER;
THENCE
N
28'14'24"
W,
379.01 FEET TO A POINT FOR CORNER;
THENCE
N
451515"
W,
583.79 FEET TO A POINT FOR CORNER;
THENCE
N
49'43123'
E.
47359 FEET TO A POINT FOR CORNER;
THENCE
N
49'43'23"
E,
60.00 FEET TO A POINT FOR CORNER;
THENCE
S
40'16'37'
E.
169.59 FEET TO A POINT FOR CORNER;
THENCE
N
6714'23"
E,
46.37 FEET TO A POINT FOR CORNER:
THENCE
N
80'08'31"
E,
94.74 FEET TO A POINT FOR CORNER;
THENCE
S
85.341430
E,
99.15 FEET TO A POINT FOR CORNER;
THENCE
S
72'17'52'
E
80.16 FEET TO A POINT FOR CORNER;
THENCE
S
88'32'18'
E,
108.07 FEET TO A POINT FOR CORNER;
THENCE
S
76.55'23"
E,
108.07 FEET TO A POINT FOR CORNER;
THETICE
S
66'35'11"
E,
108.34 FEET TO A POINT FOR CORNER;
THENCE
S
58'07'48"
E,
601.61 FEET TO A POINT FOR CORNER;
1HENCE
S
51'44'44
E,
253.00 FEET TO A POINT FOR CORNER;
THENCE
S
3716'37"
E,
64.94 FEET TO A POINT FOR CORNER;
THENCE S 41032'56" E, 82.14 FEET TO A POINT ON THE ARC OF A
NON—TANGENT CURVE FOR CORNER;
THENCE 1053.97 FEET ALONG THE ARC OF A NON—TANGENT CURVE TO THE
RIGHT, HAVING A CENTRAL ANGLE OF 78'25'34 , A RADIUS OF 770.00 FEET
AND A CHORD WHICH BEARS S 8739'51" W, 973.60 FEET TO A POINT FOR
CORNER ON SAID ARC;
THENCE S
3652'3T W,
60.00
FEET TO THE POINT
OF
BEGINNING AND
CONTAINING
A COMPUTED
AREA
OF 26.3650 ACRES
OF
LAND.
ANNEXATION EXHIBIT FOR
PLANNED UNIT DEVELOPMENT OF
SUN CITY GEORGETOWN
NEIGHBORHOOD TWENTY-NINE
SHEET 2 OF 2
EXHIBIT C
City of Georgetown Municipal Service Plan
Introduction:
Requests have been received from Del Web Texas, LTD, and their designated agent, per the
February 14, 1995 Development Agreement Concerning Proposed Subdivision and Construction of
Master Planned Community by Del E. Webb Development Co., L.P., referred to collectively herein
as "Petitioners" or Owners", to annex:
45.399 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16,
for Sun City Neighborhoods 22 and 23.
6.59 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 16, for
Sun City Neighborhood 28.
26.365 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 20,
for Sun City Neighborhood 29.
31.88 acres, more or less, in the Frederick Foy Survey, north of Sun City Neighborhood 23
and White Wing Golf Course, for Sun City Neighborhoods 30
All of the subject properties generally lie adjacent to Sun City Boulevard and White Wing Golf
Course at the Northwestern edge of Sun City Texas. Legal descriptions of the property are
attached as Exhibit A and Exhibit B of the annexing ordinances.
The area includes no residences, and where less than three qualified voters reside. The
topography is similar to the property in the area west of Interstate 35 and North of Williams Drive.
This service plan has been prepared in accordance with Section 43.056 of the Texas Local
Government Code.
NOTE: This annexation was initiated by the petition or request of the owners of land in the
annexed area. As is stated in Section 43.056(e) of the Texas Local Government Code, the
requirement that construction of capital improvements must be substantially completed
within the period provided in this service plan does not apply to a development project or
proposed development project within an area annexed at the request or on the petition of
the landowner when the City and the landowners subsequently agree in writing that the
development project within that area, because of its size or projected manner of
development by the developer, is not reasonably expected to be completed within that
period. The City of Georgetown has entered into a Development Agreement with Del Webb
Texas, LTD, on February 14, 1995, with subsequent amendments. The Development
Agreement is a method by which the City of Georgetown has extended services to similar
areas of the City, consistent with Section 43,065(a) of the Texas Local Government Code.
Schedule of Municipal Services to be Provided
Municipal facilities and services to the annexed area will be made available or provided by the City
within 2 '/2 years following the date of annexation, unless otherwise specified below:
Police Protection
A) Existing services: None
B) Services to be provided: Police protection personnel and equipment from the city police
department shall be provided to the annexed area, beginning on the effective date of the
annexation ordinance, and shall be provided at the same level of service as currently
provided throughout the city.
C) Animal control services will be provided in the area when requested.
Service Plan: Annexation of Sun City Neighborhoods 22, 23, 28, 29 and 30
1
II. Fire Protection {Including Emergency Ambulance}
A) Existing services: None
B) Services to be provided: Fire protection personnel and equipment from the city fire
department shall be provided to the annexed area, beginning on the effective date of the
annexation ordinance, and shall be provided at the same level of service as currently
provided throughout the city.
Solid Waste Collection
A) Existing services: None
B) Services to be provided: Solid waste collection shall be available to the annexed area on
the same basis and at the same level as provided throughout the city. However, no
obligation exists for the city to provide waste collection services to a person who uses the
services of a privately -owned solid waste management provider.
IV. Water Service in the Service Area of the City
A) Existing services: None
B) Services to be provided: Water service to the area is available per the February 14,
1995 Development Agreement, with subsequent amendments.
V. Wastewater Service
A) Existing services: None
B) Services to be provided: Wastewater service to the area is available per the February
14, 1995 Development Agreement, with subsequent amendments.
VI. Maintenance of Roads and Streets
A) Existing services: None
B) Services to be provided: For City streets, street maintenance and other street services
shall be provided to the annexed area on the same basis and at the same level as
provided throughout the city.
VII. Parks and Recreation
A) Existing services: None
B) Services to be provided: All of the city parks and recreational facilities shall be available
for use by residents of the annexed area, beginning on the effective date of the
annexation ordinance.
VIII. Library Service
A) Existing services: City library facilities are presently available.
B) Services to be provided: All of the city library facilities shall be available for use by
residents of the annexed area, at the same level of service as currently provided
throughout the City, beginning on the effective date of the annexation ordinance.
IX. Street Lighting
A) Existing services: None
B) Services to be provided: Street Lighting will be provided per the February 14, 1995
Development Agreement, with subsequent amendments.
X. Planning and Zoning
A) Existing services: None
B) Services to be provided: The planning and zoning jurisdictions, including the subdivision
platting process of the city, will extend to the annexed area on the effective date of the
annexation ordinance.
Service Plan: Annexation of Sun City Neighborhoods 22, 237 287 29 and 30 2
Xl. Building inspection - Code Enforcement
A) Existing Services: None
B) Services to be provided: On the effective date of the annexation ordinance, building
inspection personnel and equipment from the city building inspection department shall be
provided to the annexed area. On the effective date of the annexation ordinance, all
building permits and related construction permits will be issued in accordance with
existing city ordinances resolutions, regulations, and building codes. On the effective
date of the annexation ordinance, on site inspection services of new construction will be
provided. On the effective date of the annexation ordinance, the Planning and
Development Services Division will provide consultation with the developers concerning
site plans and building code requirements.
X11. Miscellaneous
All other applicable municipal services will be provided to the area in accordance with
policies established by the City.
X111. utility System Capital Improvements
The construction of any utility system capital improvements shall be in accordance with the
terms of the Development Agreement. The Development Agreement and this service plan
may be amended to extend the period for construction if the construction is proceeding with
all deliberate speed. However, the city does not violate this service plan or the Texas Local
' Government Code if the construction process is interrupted for any reason by circumstances
beyond the direct control of the city.
XIV. Level of Service
Nothing in this pian shall require the city to provide a uniform level of municipal services to
each area of the city, including the annexed area, if different characteristics of topography,
land use, and population density are considered a sufficient basis for providing different
levels of service.
XV. Fiscal Analysis
The provision of services to the annexed area will have little cost impa-�.t on the City of
Georgetown's General Fund or on the utility ratepayers.
XVI. Term
This service plan shall be valid for a term of ten {10} years.
XVII. Amendments
This plan shall not be amended unless public hearings are held in accordance with Section
43.0561 of the Texas Local Government Code.
Service Plan. Annexation of Sun City Neighborhoods 22, 23, 28, 29 and 30
R